SUBHADRABAI @ SUBBAMMA Vs. DHANARAJ

JUDGEMENT

(1.) The claimant has filed this appeal against the judgment and award dtd. 23/12/2013 made in MVC No.6/2013 on the file of the Senior Civil Judge & Addl. MACT, Basavakalyan.

(2.) It is the case of the claimant that on 11/1/2012 the claimant along with her sister had been to Agricultural land of their relatives at Molkera and after having Darshan of Mallayya Muttya by walk on NH.9 road, at that time, the driver of TATA Indica car bearing registration No.KA-05/AA-2174 came in a rash and negligent manner suddenly and dashed to her and caused the accident. As a result, she has sustained grievous injuries and she permanently disabled and it has affected her avocation. One Bheemanna has seen the number of the said car and that soon after the accident the driver of the said car ran away from the spot. Soon after the accident, she was taken to Dr.Vijayapati Hospital Umarga. She has incurred Rs.2,50,000.00 towards medical and other expenses. The jurisdictional police have registered the case against the driver of the car in Crime No.24/2012 under Ss. 279, 338 of IPC and 187 of I.M.V Act. Therefore, sought for compensation.

(3.) The first respondent has not filed any objections though appeared. The second respondent file written statement denying the entire averments made in the claim petition with regard to date, time, month, year, place of accident and manner of accident, involvement of the said car and also the age, occupation, income, and injury sustained by the claimant and also contended that due to sole and negligent act of claimant herself who has slipped down from the two wheeler while going on the two wheeler and after long gap of 45 days the FIR was registered, whereas the alleged incident as per the claimant took place on 11/1/2012 and that as per the MLC report, the claimant has fallen down from two wheeler. The policy was subject to the terms and conditions and prays for dismissal of the claim petition.